Were you recently injured in a slip and fall accident in Alpharetta, GA? Our experienced Alpharetta slip and fall lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (800) 364-4444 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Alpharetta, GA law offices to discuss the legal options that might be available to you following your slip and fall accident. The next steps are very important. Let Shiner Law Group help you with your slip and fall accident case today.
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Were You Injured In A Slip And Fall Accident In Alpharetta?
If you slip, trip or fall while on public property, you may be entitled to compensation. However, whether this is true in your case depends on a number of factors such as the severity of your injuries and whether the property owner did anything to remedy a dangerous situation.
It’s also possible that you’ll be held liable for your injuries if you did anything to cause them. Let’s take a closer look at the variables that might impact the outcome of your case, the types of damages you might be entitled to and why you should strongly consider hiring an Alpharetta slip and fall lawyer to help with your case.
An Overview of Georgia Slip and Fall Laws
Georgia uses a modified comparative fault system to determine who is liable for damages in a slip, trip or fall case. This means that you may be entitled to a financial award assuming that you are deemed to be less than 50% responsible for an accident that resulted in a monetary loss.
Let’s say that you were awarded $100,000 in a settlement or by a jury after a personal injury trial. Let’s also say that a jury found that the defendant was only 90% liable for your injuries. In such a scenario, your award would be reduced by 10%, which means that you would receive $90,000. If you were found to be 50% liable, you would receive $50,000.
Factors That Might Influence a Slip and Fall Case
There are a number of factors that might play a role in determining the outcome of your premises liability case. An Alpharetta slip and fall attorney will likely go over these variables with you during a consultation or after being hired to represent your interests. Let’s take a closer look at some of the most common issues that you should know about prior to taking legal action.
What Was Your Status When an Accident Took Place?
The first question that you’ll likely be asked is whether you had the right to be at the location where the slip, trip or fall occurred. As a general rule, you have the right to occupy public areas such as a grocery store or mall without permission from the owner.
You also typically have the right to step foot on private property if you have the owner’s permission. For instance, the owner may have contacted you to get a quote to repair your home’s roof or to clean the basement. You may also be protected if you get hurt while at a friend’s house watching a football game or while feeding your friend’s dog while that person was on vacation.
This is because property owners generally have a duty of care to those who are considered to be invitees onto their property. However, if you were trespassing when you slipped on an icy parking lot or fell down a flight of stairs, you may have little or no recourse. Generally speaking, property owners have no duty of care to adults who have no legitimate reason to be at their homes or businesses.
Did the Owner Know About a Dangerous Condition?
A property owner may not be liable for your injuries if that person couldn’t have reasonably known about a dangerous condition. Furthermore, a defendant may also escape liability if it’s determined that this person didn’t have sufficient time to correct the issue.
For instance, if a sudden storm results in a loss of power, a home or business may lack sufficient lighting, which may increase the risk of a trip or fall. However, in such a case, the defendant may be able to argue that the dangerous condition wasn’t the result of negligence or any issue that could have been corrected ahead of time.
Finally, a defendant may minimize or escape liability in your case by taking steps to warn about a dangerous condition. These steps may include putting a wet floor sign in an area that has just been mopped or a sign asking not to touch a railing in front of a store because it is broken. A verbal warning about a wet floor, broken step or poor lighting in a home or business may also be enough to limit a defendant’s liability.
Was Someone Else in Control of the Property?
A property owner might not be liable in your case if that person wasn’t in control of a home or business when you got hurt. For instance, if you were hurt while on a rental property, the tenant may be liable for injuries as that person is the one who actually controls the premises.
There is also a good chance that the entity that owns a building occupied by a grocery store, restaurant or another business wouldn’t be the defendant in your case. This is because the business operating out of that space is in control of it and generally responsible for maintaining it.
Of course, it is possible that a landlord will ultimately be liable for your injuries or that both parties may be named as defendants in your case. This may be true if a lease called for the landlord to put salt on the driveway that you slipped on or failed to repair a step that was damaged by the tenant.
Did You Exercise Sufficient Caution?
While a property owner has a duty of care toward those on his or her property, you also have a duty of care to keep yourself safe. This generally means that you need to take reasonable steps to avoid slipping or falling while on someone else’s property. For instance, if you see that a floor is wet, you should avoid that portion of the floor. If you notice that a room is poorly lit, you should ask someone to turn on a light or simply avoid that area until you can see where you are going.
Furthermore, you may be held liable for your injuries if you were using a cellphone, were wearing headphones or were otherwise distracted prior to encountering a dangerous condition. The same might be true if you wore dark sunglasses indoors or took other unnecessary steps that might hinder your ability to see or otherwise perceive that you might be in danger.
Documenting Your Slip and Fall Accident
Photos from the scene of an accident may be used to verify that there weren’t any warning signs or other steps taken to mitigate a dangerous condition that led to your slip or fall. Video footage from a security camera may also prove that the defendant’s negligence led to your injuries. Witness statements or messages from the defendant may also be used to establish that you were injured through no fault of your own.
Finally, you can use medical bills, pay stubs or other documents to show the extent of your financial losses in the aftermath of a slip or fall. If you do seek treatment after getting hurt, you are encouraged to keep copies of test results or notes generated by anyone who saw you. This may also be used to further show that your injuries were caused by the defendant’s irresponsible behavior.
Types of Damages Available in a Slip and Fall Case
The exact structure of a financial settlement or jury award depends on the facts of your case as well as the strength of your evidence. However, as a general rule, you are entitled to receive compensation for actual damages such as medical bills, lost wages or any other costs that can be objectively verified.
You may also be entitled to compensation for lost future earnings if you cannot go back to work because of injuries incurred on someone else’s property. Lost future earnings are calculated based on your current level of education, current salary and ability to advance in your career.
In addition, a portion of your financial award may be used to pay for future medical expenses related to treating physical or mental health issues caused by a property owner’s negligence. For example, if you hit your head after falling on a wet floor, you may need medication to control seizures. Mental health services may help you overcome anxiety, depression or other symptoms consistent with post-traumatic stress disorder (PTSD).
Finally, a defendant may be required to pay legal fees or cover other costs related to pursuing legal action. Typically, a personal injury attorney is paid a portion of whatever you receive from the party or parties held liable in your case.
How Long Do You Have to File a Slip and Fall Claim?
In Georgia, you have two years from the date of an accident to file a lawsuit. In some cases, the statute of limitations may toll if you need time to determine that your injuries were actually caused by a slip or fall. It’s possible that symptoms of a concussion, broken bone or internal injury might take several days or weeks to present themselves.
Therefore, it may be several days or weeks after an accident before you know that you’re hurt and might need to take legal action. The statute of limitations clock may also toll if you are injured as a minor, if you are incarcerated or are mentally incapacitated after an incident.
How an Alpharetta Slip and Fall Lawyer Can Help Today
The primary benefit of hiring an Alpharetta slip and fall attorney is that you’ll be less likely to make a mistake that might undermine your case. Your attorney will typically assist in the process of making statements to an insurance company after an accident or making statements to opposing counsel during a deposition. Ideally, your legal advocate will be the only person who you talk to while your case is pending as anything you say is considered to be confidential.
Hiring an Alpharetta Slip and Fall Attorney Near Me
Hiring an attorney may also help to ensure that you take legal action in a timely manner. Typically, a lawyer will file a lawsuit on your behalf almost immediately after being hired to represent your interests. Taking such a step may help to ensure that the defendant negotiates in good faith as a settlement may be preferable to a jury verdict even if it means writing you a check.
If you have been hurt after slipping, tripping or falling on someone else’s property, it may be worthwhile to pursue legal action. Doing so may help you obtain the resources necessary to pay bills, pay for medical treatment and take care of other needs that you may have after sustaining a concussion or other injuries. You can contact our firm today to schedule a consultation or otherwise learn more about how we may be able to defend your interests.